We can help. Basically a Notice of Intended Prosecution has to be given to you verbally at the time of the alleged offence, or in writing within 14 days, but see below. Proof of disqualification is essential. If such a course is adopted, the reasons should be made clear to the Magistrates' Court. The Notice of Intended Prosecution must specify the nature of the alleged offence and the time and place where it is alleged to have been committed. 14 July 2015 at 5:34PM. Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. Most contraventions involving company vehicles result in the company being fined however there are instances where directors can also have points endorsed on their licence. The Concise Oxford Dictionary defines 'road' as a line of communication for use of foot passengers and vehicles; while in Oxford v Austin [1981] RTR 416 it was said to be a definable right of way between two points. This guidance assists our prosecutors when they are making decisions about cases. Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. . note part 19 of the Criminal Procedure Rules (Expert Evidence) and secure expert evidence where the defence expert's statement is incorrect, inconclusive or misleading. Subsection (4) provides a defence if the Keeper shows that he did not know who the driver was and could not have found out by using reasonable diligence. The offence under section 63B(8) of the Police and Criminal Evidence Act 1984. But if an intent to deceive can be proved an either way offence under s.97AA TA1968 or s.99(5) TA 1988 should be preferred instead. Where a substantial proportion of a company's operating records for a given period have been the subject of falsification and management are involved, it is almost always the proper course to recommend that the case should be dealt with on indictment. This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. The offence under section 12 of the Licensing Act 1872. It is a matter for police investigation. A NIP will often be followed by a 'summons' which is a document that literally summon s the keeper of a vehicle or the driver to court. either orally or in writing at the time the offence was committed. Failing to provide drivers identity carries 6 penalty points on your licence and up to 1000 fine. Hi Jo, I have received a NIP over 14 days later the offence (speeding), I wrote the following letter of appeal, Could you please check if it is correct? . A copy should be provided to all parties and to the court. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 . The offence under section 5 of the Public Order Act 1986. It can be done by way of a summons served on the offender within 14 days of commission of the offence or by a notice of intended prosecution (NIP). Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. Failure to produce your documents at the police station may well result in additional loss and inconvenience to you, and led to an application for additional prosecution costs for the extra work involved. Driving or attempting to drive while unfit through drink or drugs (section 4(1) RTA), Driving or attempting to drive with excess alcohol in breath, blood or urine (section 5(1)(a) RTA), and, where the Crown Court has made specific reference to matters which it has taken into account when sentencing, the prosecution should not revive or continue with summary offences the substance of which has been reflected in such a sentence. by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. When such a point is raised, the prosecution should take into account the reason for the defendant's belief, the distance driven and the degree of risk, if any, to the public when determining whether it is in the public interest to proceed. Where the police refer a case involving a Self-balancing Personal Transporter to the CPS, the prosecutor should, as is usual, consider the facts of the case, having regard to the licensing considerations set out above, and apply the two stages of the full code test in the Code for Crown Prosecutors when deciding whether or not a prosecution should proceed. When the prosecutor considers instituting proceedings within the extended time limit period, reasons for the delay and any degree of responsibility borne by the offender should be taken into account. What is the penalty for speeding or running a red-light? Where there is a conviction for careless driving the lesser offence of failing to conform should be preserved at least until the chance of a reversal of the careless driving conviction has passed. These are referred to as disqualification of persons under age. The issue of the defendant's conduct and any increased costs involved should be carefully considered and noted, and a departure made from the locally agreed standard costs application, where there has been an increase in prosecution costs. Providing this information is a legal obligation under Section 172 of the Road Traffic Act (RTA). . In deciding whether to rely on the extended time limit, the prosecutor should ensure that he/she is able to ascertain the date on which sufficient evidence to warrant proceedings came to the knowledge of a police officer investigating the incident, since this is a requirement of the procedure. At its most basic level it is a vehicle which can be propelled by mechanical means. In DPP v Mansfield [1997] RTR 96 the constable who had arrested the defendant for the current offence, and who was present at court, had also arrested him for a previous offence for which the defendant had been disqualified in the constable's absence. (2) The general nature of the offence is . If the keeper is uncertain who was driving their vehicle they may still guilty of an offence unless they either provide the name of the driver or . When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. However, courts should be reluctant to disqualify offenders in their absence because of this potential problem. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. Section 2(3) RTOA 1988 provides that a failure to meet the requirements shall not prevent conviction where the court is satisfied that: R v R [2012] EWCA Crim 2887 was an appeal against a terminating ruling that the requirements of s.1(1) RTOA 1988 were a bar to conviction on a count alleging that the respondent drove a motorbike dangerously. Subsection (3) makes it an offence for the keeper to fail to comply. Offences of causing or permitting the uninsured use of a vehicle should be regarded as being as serious as using a motor vehicle without insurance. As far as management responsibility is concerned subsection (5) of the act says that where a director or senior manager of the company caused or connived with the failure to identify the driver, that person is also guilty. A statutory defence is provided by section 143(3) RTA in relation to a driver who unwittingly drives his employer's uninsured vehicle. Disobeying traffic signs. A special reason is one which is special to the facts of a particular offence. Section 97(1) TA 1968 which is summary only, prohibits the use of a vehicle to which the TA 1968 applies in which "recording equipment" as stipulated in the Community Recording Equipment Regulations 3821/85 has either not been fitted or has not been appropriately repaired. The issue can be raised at any relevant stage of the proceedings or be decided as a preliminary point. On 22nd November 2017 a Notice of Intended Prosecution/Section 172 request was sent to Mr Brown that was dated 22nd November 2017 by Royal . Motorists, who have been unable to produce their driving documents on demand, following a lawful request by a police officer, should produce them for inspection within the required statutory period at a police station of their choice. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. If you have received a Notice of Intended Prosecution (NIP) then the police have evidence that you (or the person driving the vehicle at the time) were travelling in excess of the speed limit. It's often the case that this offence exceeds the penalty for the substantive offence such as speeding that can carry three points or more. 'How did 13 women's testimonies secure the fate of se, A bogus doctor has been jailed today for forgery and fraud costing the taxpayer over 1m. Should any defendant refuse to co-operate with the above procedure, not guilty pleas should be noted, and the case adjourned for trial or review. The duty to determine whether any documents produced are valid does not pass to any other agency where a motorist fails to produce the required documents, therefore local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds. The offence under section 11 of the Fireworks Act 2003. It is ultimately a matter of fact and degree for the court to decide. The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). It was held that a tachograph chart that had been falsified came within section 9(1)(g) of the Act when a record was being made during a period when there wrongly purported to be a second driver who was driving, when in fact there was only one driver at the wheel. The police should regularly update the CPS and court staff of any local or national criminal activity with regard to motoring documents and their use. Summons Time Limit The notice of intended prosecution has to be sent to the registered keeper within 14 days, however if you were pulled over by the police for speeding they will have given your notice of intended prosecution at the roadside. There is a duty on a person who chooses to drive to ensure that he or she is entitled to do so. Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. Liability falls upon any person who 'uses or causes or permits to be used'. However, the appeal was allowed on the basis that the certificate was invalid as it did not state the date when the prosecutor had sufficient evidence to warrant the proceedings. 3821/85. It is essential to check files when powers have been exercised to ensure the material sought to be exhibited has been obtained lawfully in order to rebut any application under s.78 PACE. by sending a notice within 14 days of the possibility of prosecution and specifying the nature of the alleged offence and the time and place where it is alleged to have been committed to the driver, registered keeper of the vehicle or rider of the cycle. Such a certificate is deemed under sub-section (4) to have been so signed unless the contrary is proved. The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. So what exactly is a written NIP? it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. A. Magistrates & Crown Court Trials. The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities. Where no production is made at the nominated police station, the police may issue proceedings that allege either or both allegations that the motorist drove/used a motor vehicle without the proper documentation or that he or she failed to produce them as required by law. A. Legal aid Scotland may be able to help in your case, one of our lawyers will . If it is issued to you after the incident, it must be done within 14 days. Our own firm offers a free online consultation service and this may just save you from 3pp and a possible ban. If your defence is that you did not receive it within this timescale, the onus is on you to prove it on the balance of probabilities. In Cantabrica Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286, the Divisional Court held that: Tachograph charts and other documents can be obtained in many different ways, for example: Care should be taken in checking the power by which police officers obtained the documents. Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. Careless driving. Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. Start now. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . Age prohibitions on driving are set out in s.101 RTA 1988. Errors in date, time, vehicle registration or speed, which are caused through clerical error, will not automatically render the notice invalid. The time limit for service of the NIP is a very important aspect of a succesful prosecution therefore if there has been a delay you should get in touch with a solicitor and obtain case specific advice. Where a vehicle is required to be fitted with a tachograph, it is a defence to a charge of using (or causing or permitting the use of) the vehicle when a seal on the recording equipment was not intact, to show (among other things) that the breaking or removal of the seal could not have been avoided (s.97(4)(a) TA 1968]. This is an onerous test to pass as it is generally fairly easy for a company to have a system in place which identifies the driver of a company vehicle at any given time, for example a log book kept in the vehicle which allows any drivers to enter the details of his or her journey. The notice should also state that production for verification cannot be made at court and that any attempt to do so will result in expense and delay for that person as the court will still require their prior production at the nominated (or locally agreed) police station. information online. July 19, 2019. Copyright Roadtrafficlaw.com Solicitors Ltd (c), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to email a link to a friend (Opens in new window). This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). Section 96(11) TA 1968 creates offences for breach of the domestic drivers' hours code, while s.96(11)(A) TA 1968 creates offences for breaches of the European Community Regulations. A - A S172 Notice is a legal document, and failure to respond is an offence which can result in prosecution through the courts where the penalty is 6 points on your driving licence and a fine. As a result, if an insurance policy contains a restriction (for example) that the driver must be aged over 21, that restriction may be void and a person aged under 21 who would otherwise have been covered to drive the vehicle may not be guilty of driving without insurance. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period. For more information see Mutual Recognition of Driving Disqualification, elsewhere in the Legal Guidance. There may, from time to time, be cases that call for exceptional treatment and departure from the normal procedures. The Crown Prosecution Service As self-balancing scooters are mechanically propelled they require registration and a vehicle registration licence (tax disc). If you have received a Notice of Intended Prosecution and would like further information, please get in touch by sending me a message, contacting me on 07843 018747 or 0115 784 0382, or by email . "Road" is defined at s.142 of the Road Traffic Regulation Act 1984 as any length of highway or other road to which the public has access and includes bridges over which a road passes. The expression 'on a road or other public place' is employed frequently in road traffic legislation. In interview, the defendant conceded that he could be the rider. Otherwise, if there is no alternative, the case might have to be put off to another day for you to return if necessary. A mechanical defect of which the driver was unaware, may amount to a defence (see R v Spurge [1961] 2 All ER 688), as will the loss of control over the vehicle due to circumstances beyond the control of the driver (see Burns v Bidder [1966] 3 All ER 29). In the great majority of cases the offence will fall within the second of these provisions. Rob Skinner of our Criminal Department considers the importance of time limits in relation to motoring offences. A Notice of Intended Prosecution is simply notice from the Police that an offence has been recorded and that they intend to prosecute the person responsible. You could face prosecution when you fail to respond and provide all the required information. (h) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under the Vehicle Excise and Registration Act 1994. A. 0. Hence time limits are of particular significance since for various reasons substantial delay may occur before it is decided to institute proceedings. Many road traffic offences are purely summary and in most cases proceedings are taken by way of the laying of an information and the issue of a summons. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. You must do this in writing. Such alternative verdicts are permitted in relation to the summary offences of: Alternative verdicts under sections 4(1), 5(1)(a), 7(6), 4(2), 5(1)(b) or 29 RTA 1988 may be returned as appropriate, despite the fact that the six month time limit for those offences are likely to have lapsed. Section 127 MCA 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise. The 'prosecutor' for the purposes of section 6 can be the investigating officer or the informant (see [1976] 140 JP Jo., 675; Swan v Vehicle Inspectorate [1997] RTR 187. The police will then be able to check your documents and note the fact that you have produced them. We are only a phone call away. I unexpectedly received a letter from the police who at the time intended to prosecute me for driving an electric scooter without insurance, and without a license. . This is a summary offence. Prejudice to a defendant by the delay and the lack of early notification of the impending prosecution can be addressed by abuse of process proceedings and s. 78 of the Police and Criminal Evidence Act. NIPs can also be issued . For a detailed explanation of the consequences of prosecution and your options for defending a speeding charge, get in touch which our expert road traffic solicitors today. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). 1 of 2000 sub nom R v J T, Times LR 28 November 2000, [2001] 1 WLR 331, [2001] Crim LR 127), against a decision to acquit on the basis that the provision of a false tachograph record did not constitute forgery contrary to the Forgery and Counterfeiting Act 1981, section 1 and section 9. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. Alternatively, you could receive a 100 fixed penalty ticket and 3 points or if the matter goes to court you could receive a maximum fine of 1000 (2500 if on a motorway) and 3 to 6 penalty points. I was . speeding) The time & date of offence. Other legal requirements relate to construction and use, and to lighting. Once police have received written confirmation from the driver, it is the drivers' choice to either accept: A useful starting point to determine what rules apply to a particular vehicle on a particular journey is to establish, firstly, whether the Transport Act 1968 applies to the vehicle under s.95(2) TA 1968. Further a motorist who fails to produce the documents may commit an offence by their non- production. If the Police do not comply with the rules and time limits, they cannot prosecute. Keep your fingers crossed. Proceedings for an offence mentioned in the Schedule also cease to be specified if a magistrates court indicates that it is considering imposing a custodial sentence for the offence. The Vehicle Excise and Registration Act 1994 (VERA) requires a mechanically propelled vehicle used or kept on a public road to be registered and licensed. Your Enquiry Details: (required) The law relating to tachographs falls into two categories: The rules governing the mechanical operation of tachographs are set out in EEC Regulation 3821/85 and that covering the hours permitted are set out in Regulation (EC) 561/2006.